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Helping Clients Address Allegations of Property Crimes
You’re walking out of the store only to hear the alarms go off and a voice asking you to step aside. What was a normal trip running errands can now result in serious criminal charges and even jail time. Learn what theft charges require and how you can defend yourself against these accusations.
If you’ve been charged with theft or another property crime, the team at West & Dunn is here to help. Call our Waunakee office to speak with an attorney about your case and what your next steps should be.
What Types of Crimes Are Covered Under Wisconsin’s Theft Statutes?
There are many types of property crimes, ranging from shoplifting to theft of a firearm. According to Wisconsin law, theft is defined as intentionally taking, using, or concealing someone else’s property without their consent. There is also the intent to “deprive the owner permanently” of their property. Most theft crimes fall under this definition. However, there are some additional actions specific to other circumstances that can also qualify for theft charges.
For example, if someone has access to someone else’s money through their business, employment, or duties as a bailee or trustee and misappropriates those funds without the owner’s consent, this is also theft. Another special case is when someone obtains the title to a property, such as a vehicle or real estate, through deceptive means or a false and fraudulent scheme.
Is Theft a Misdemeanor or Felony in Wisconsin?
Property crimes can be either misdemeanors or felonies, and these categories can be further broken down by class. What kind of charge you receive generally depends on how much the property was worth.
Class A Misdemeanor
Theft charges that involve a property value of less than $2,500 are Class A misdemeanors. These charges are common in cases of shoplifting, where the value of the stolen property is unlikely to go above this limit. The penalties for a Class A misdemeanor for a property crime are up to 9 months in jail and a fine of up to $10,000. You may also be required to pay restitution in the full amount of the property.
Class F Felony
When the value of the personal property is in excess of $100,000, the defendant can be charged with a Class F felony. This charge is more common in instances of white collar crimes, such as embezzlement. The maximum penalty for a Class F felony is a fine of up to $25,000 and 12.5 years in prison.
Class G Felony
If the value of the property is more than $10,000 but less than $100,000, the charge is a Class G felony. A Class G felony also applies if any such property was physically taken from a person or was removed from a corpse. A Class G felony is punishable by a fine of up to $25,000 and up to 10 years in prison.
Class H Felony
Theft crimes involving property that is worth at least $5,000 but less than $10,000 are Class H felonies. A Class H felony charge can also apply if the property was a domesticated felony or if the property was removed from a building that was abandoned as a result of a riot, bombing, or physical disaster. Theft crimes involving firearms or the removal of property from an at-risk individual are also charged as Class H felonies.
If you are convicted of a Class H felony, you could be sentenced to up to 6 years in prison and a fine of up to $10,000.
Class I Felony
A Class I felony is the least felony charge possible for a theft crime. It applies when the property’s value is more than $2,500 and less than $5,000. If you are convicted of a Class I felony, you can be fined up to $10,000 and be sentenced to prison for 3.5 years.
Can You Be Charged With Theft for Violating a Lease or Rental Agreement?
According to Wisconsin law, someone who does not return property that is under the control of a written rental agreement or lease after the agreement has expired can be charged with theft. However, in general, there is a 10-day grace period built into the law, which means that you can’t be charged with theft if you return the leased property within 10 days after the expiration of the rental agreement. Motor vehicles are not subject to the 10-day grace period, and you can be charged with theft if you are even one day late on returning the car after a lease or rental.
What If the Theft Was Accidental?
The legal definition of theft requires intent, and the prosecution must be able to prove that you intentionally deprived another person of their property to prove theft. This is why arguing that the intent wasn’t there is a common defense strategy to avoid a theft conviction. Theft charges also require that the intention was to permanently deprive the owner of their property, so your attorney may be able to make an argument in your defense to show that you intended to return the property.
Many people believe that theft crimes “aren’t a big deal,” and this can lead to making decisions that aren’t in their best interests. For example, they may think that they have no other options than to plead guilty or that they don’t need an attorney. Any time you are arrested, the first thing you should do is ask for an attorney.
Don’t let a criminal charge threaten your future. Call 608-490-9449 to schedule an appointment with one of the criminal attorneys at West & Dunn.